Log in or become a subscriber
This content requires a basic HR Daily subscription. Log in below or sign up for free.
FWC has power to determine reinstatement location
An employer has unsuccessfully argued that the Fair Work Commission doesn't have the power to determine the location of an employee's reinstatement order.
The employee was sacked from his operator production role at the Goonyella Riverside Mine in May 2025, after BHP subsidiary OS MCAP found he'd bullied and harassed a coworker, and made derogatory comments about another, saying she had a "fat arse" and "giga chin".
But in June this year, Commissioner Jennifer Hunt upheld his unfair dismissal claim.
Regarding the bullying allegations, the Commissioner said she had "no issue" with the employee telling the coworker he was "unhinged and acting unstable", given the latter's "thuggish" behaviour at the time...
Having trouble using your subscription? Contact us for help or check our FAQ page here for answers to commonly asked questions.
Haven't seen HR Daily before?
Sign up now for your free HR Daily newsletter subscription.
Written specifically for human resources practitioners, our articles will keep you informed about all the important HR news, thought leadership and trends. You'll receive:
Access to all our free editorial Four-plus new articles each week Excerpts from our compliance and best-practice webcasts Event invitations And much more